Definitions of Commonly Used Adoption and Foster Care Terms

2007-06-30T02:05:00.000-07:00

When beginning the adoption or foster care process, it may help to understand some of the terminology that is used frequently. The following list includes definitions for many common words and phrases related to both the adoption and foster care processes.

Adoptee:

Any of the nearly 500 Million orphans in the world. If you would like to learn more about these children, please visit our video tour page or our orphan statistics page.

Adoption:

A legally recognized process that creates a parent-child relationship between individuals who are not biologically related to each other. Adoption is the process that transfers the legal rights, responsibilities and privileges of parenting. The rights and responsibilities of biological parents are permanently terminated and assumed by another individual or married couple who become the child’s legal parent(s). Adoptive parents have the same rights and responsibilities as parents who have children born to them.

Adoption agency:

An agency licensed by the state to prepare adoptive parents, counsel birth parents, perform home studies, complete paperwork, place children in homes, and perform other adoption-related functions.

Adoption Agreement:

The agreement in which the adoptive parent(s) and birth parent(s) put into writing their understanding of the terms of an adoption -- including the degree of communication and contact they will have with each other and with the adopted child.

Adoption Assistance Program:

The Adoption Assistance Program is a federal program of financial assistance for adoptive children. The amount of Adoption Assistance benefit is based on the needs of the child at the time the Adoptive Placement Agreement is signed. All adopted children who were dependents of the court qualify for Adoption Assistance benefits. Children adopted through an independent adoption or stepparent adoption are not eligible for Adoption Assistance benefits.

Adoption Plan.

The birth parent(s)'s decision to allow a biological child to be adopted into an adoptive family.

Adoption Requirements - International (click on graphic to enlarge - close the image to return here):

Although these requirements vary and constantly change by country, this graphic representation will give you a good idea of the documents that will be required to accomplish an international adoption.

The I-600/I-600A is a form of the USCIS - US Citizen and Immigration Services. The "A" designation simply means "Advanced Filing." As of July 30, 2007, the fees will increase from $545 to $750 and must be submitted when the petition is filed. However, a fee is not required for this petition if the person filed an advance processing application (Form I-600A) within the previous 18 months and it was approved or is still pending. It is the same fee structure for the I-600 and the I-600A. In addition to the fee for the application, there is a increase in the $70 biometric services fee for fingerprinting every adult person living in the household in the United States where the child will reside. That fee will also go up to $80 on July 30, 2007. For example, if a petition is filed by a married couple residing in the United States with one additional adult member in their household, the total fee that must be submitted would be $755 ($545 for the petition and $210 for biometric services for fingerprinting the three adults). Under the new fee structure, it would be $990 ($750 for the petition and $240 for biometric services for fingerprinting the three adults).INFO on I-660A

The US Citizenship and Immigration Services USCIS (formerly INS) Form I-171H is the document you will receive when you send the USCIS a notorized copy of your official homestudy completion certificate and your I-600/I-600A - (along with any other requirements they deem necessary). It takes about 2-5 weeks to get the I-171H back from the USCIS, once you turn in the I-600/I-600A. The I-171H is valid for 18 months, which gives you the time it takes (about 2 months) to get the documents certified, authenticated, checked, and translated into the language of the country from where you will get your child. The time it takes to clear individual countries can vary, but it's typically 3-6 months before you will get your clearance to go get your child.

Homestudy is a complete study of your life, in order to insure that the orphan will be entering into a loving and caring environment. Be prepared to provide full disclosure on your health, your financial standings, your criminal records, and even the attitudes of other family members in regards to your intended adoption.

Adoption "Triangle" (or adoption "Triad"):

An expression used to describe the three-sided inter-relationships among adopted children, their birth parents, and their adoptive parents.

Adoptive parent:

The mother or father of an adopted child.

Adoption Service Provider (ASP):

State licensed adoption practitioners who are authorized to help the adopting family in obtaining consents from birth parents in non-relative independent adoptions.

Agency-Assisted Adoption:

A domestic adoption that is completely conducted by a licensed adoption agency (whether is be for-profit, nonprofit, or a state agency). The agency conducts the entire process, including locating the birth family, assisting in making the match between the birth and adopting parents, providing alcounseling and other support services, helping to identify sources for financial support, as well as gathering all the data with the adopting family to complete all of the legal aspects and services required to finalize the adoption.

At-risk placement:

The placement of a child into the prospective adoptive family before the birth parents' rights have been legally extinguished.

Attached Applicant:

Foster parents and relative caregivers who wish to adopt a child already in their care are called attached applicants.

Apostil:

A seal from the Secretary of State in the state in which you reside that verifies that the seal of a notorary public is valid and authentic.

Birth parent:

A mother or father who is genetically related to the child.

Certified copy:

A copy of an official document, like a birth certificate, marriage certificate, or divorce decree, that has been certified by an official to be authentic and bears an original seal or embossed design.

Closed Adoption:

A domestic adoption in which the birth and adopting families never meet or share any identifying information about each other. Although this type of domestic adoption is becoming increasing rare, two decades ago this was the normal adoption process.

Completing an Adoption vs. Finalizing an Adoption:

The difference between completing all of the necessary and legal paperwork to receive the placement of a child in your home (i.e., passing home study, the birth family signing the necessary paperwork to relinquish their parental rights to the child, etc.) and the state process by which a court of law determines that the child who has been placed in your home is legally and forever yours. After the finalization of an adoption by the state, you can then get a social security number for the child. The laws of various states vary on relinquishment and consent laws, as well as how much time must pass (immediately upon when the birth mother appears in court to relinquish her birth rights, to 10 days, to as long as 6 months) before the finalization can take place.

Concurrent Planning:

The provision of family reunification services and permanency planning at the same time. This option provides a “back up” plan if family reunification services fail.

Confidential adoption or closed adoption:

An adoption in which the birth parent(s) and the adoptive parent(s) do not meet, do not exchange identifying information, and do not maintain contact with each other.

Court Appointed Special Advocate

A Court Appointed Special Advocate or “CASA” is an officer of the court who advocates for the individual needs and best interest of the child, and provides the court with written recommendations.

Custodial Parent/Non-Custodial Parent:

The parent, often identified by the court, who has physical custody and responsibility for caring for their child(ren) on a daily basis. The non-custodial parent is the parent who is not responsible for the day to day care of the child.

Defacto Parent:

A non parent who has been given status or legal standing in court. The non parent must meet certain legal criteria in order for the court to grant de facto status or standing.

Department of Justice (DOJ):

The state agency responsible for checking fingerprints submitted through LIVE-SCAN for criminal history.

Designated adoption or identified adoption:

An adoption in which the birth parent(s) choose(s) the adoptive parent(s) for the child.

Domestic adoption:

The adoption of a child born in the United States.

Dossier:

A collection of required documents that is sent to a foreign country in order to process the adoption of a child in that country's legal system.

Facilitator:

A person or organization that arranges domestic and/or international adoptions.

Finalization:

The legal process by which the adoption becomes permanent and binding.

Finalization Hearing:

The finalization hearing is the final step in the adoption process. It is a hearing held in juvenile court attended by the adoptive child and family where a judge issues the Order of Adoption. The adoption is legally official after the finalization hearing.

Finalized Adoption:

The adoption is finalized at the time the Order of Adoption is granted by the court.

Foster Placement:

The placement of a child in a licensed or certified home that provides 24-hour care and supervision for children who need temporary or long-term substitute care because their own parents/guardians are unable or unwilling to care for them. Foster placement is usually made by a state-appointed children’s social worker following a court order or voluntary placement agreement.

The following types of homes are usually considered for a Foster Placement: The home of a relative, a licensed foster home, a licensed small family home, a family home certified by a foster family agency, a licensed group home for children, or a home or facility in accordance with the Indian Child Welfare Act. A foster placement may also be referred to as an Out of Home Placement.

Guardian Ad Litum (GAL):

In general, a guardian ad litum is someone who is appointed to handle the affairs of, act on behalf of, or speak for a person in a court case. The guardian ad litum is appointed in addition to the person’s attorney. In dependency cases, it is up to the individual hearing officer to determine whether a guardian ad litum should be appointed.

Hague Convention on Intercountry Adoption:

A multinational agreement designed to promote the uniformity and efficiency of international adoptions.

Home study:

A study of the prospective adoptive family and their home, life experiences, health, lifestyle, extended family, attitudes, support system, values, beliefs, and other factors relating to the prospective adoption. This information is summarized in an adoption study or home study report.

Identified Adoption:

This occurs when both the adoptive parents and the birth family approach an adoption agency or attorney together to finalize the adoption. In these cases, the adoptive parents have located the birth family using their own resources without the help of an agency, attorney, or facilitator.

Interstate Compact on the Placement of Children (ICPC):

An agreement between states. In this case it refers to the legally binding contract, recognized by all 50 states, that outlines the rights and responsibilities of both the sending and receiving states when a child under court jurisdiction is placed from one state into another.

Independent adoption:

An adoption arranged privately between the birth family and the adoptive family, without an adoption agency. This is usually done through a private attorney on behalf of the parties involved.

Indian Child Welfare Act (ICWA):

A federal statute that essentially provides that when a child of Native American heritage is being placed for adoption, that the tribe is to be given an opportunity to independently assess the adoption situation and determine whether the child can be adopted outside the tribe. Most states have comparable laws that must be complied with in addition to this federal statue.

Inter-country or international adoption:

The adoption of a child from a country outside of the United States.

Intermediary:

An intermediary is a person who assists an adopting family with an adoption in either a paid or unpaid capacity. Depending on state law this may be permissible or prohibited depending on the services the intermediary provides to the adopting family. This term is often used interchangeably with the term facilitator. In more common use, the term intermediary is used when discussing clergy or medical professionals who help adopting families find a child without the expectation of compensation. Conversely, the term facilitator is used when a licensed or unlicensed adoption professional is involved, and fees are charged.

Kin-Gap:

Kin-Gap is an option in California for relative caregivers who do not want to adopt. This program allows relative caregivers to become the legal guardian of the child in their care without court or DCFS agency involvement. The child may also continue to receive the basic foster care rate that increase with the child’s age. Unlike Adoption Assistance Program however, the payments cannot be increased to meet the child’s special needs. Children under Kin-Gap are entitled to some, but not all of the emancipation services available to foster children.

Legal Guardianship:

A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Most countries and states have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of their death.

Courts generally have the power to appoint a guardian for an individual in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian, having limited powers over the interests of the ward. A special guardian may, for example, be given the legal right to determine the disposition of the ward's property without being given any authority over the ward's person. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem.

Some jurisdictions allow a parent of a child to exercise the authority of a legal guardian without a formal court appointment. In such circumstances the parent acting in that capacity is called the natural guardian of that parent's child.

Legally Freed Child:

A child whose birth parents have had his or her parental rights terminated or whose birth parents have voluntarily given up parental rights through relinquishment.

Legal Orphan:

A child whose birth parents have had his or her parental rights terminated and who does not have an adoptive family.

LIVE-SCAN:

An electronic fingerprinting technology used to run criminal clearances through the state Department of Justice.

Long-term Foster Care:

A juvenile court plan that places the child in the home of a foster caregiver until the child turns 18. The rights and responsibilities of the birth parents do not end, but the care, custody and control of the child remain with the juvenile court.

Non-identifying information:

Information that allows the birth and adoptive families to learn pertinent facts about each other without revealing who they are or how they can be contacted.

Open adoption or cooperative adoption:

An adoption in which the birth parents and adoptive parents have contact with each other before and/or after the placement of the adopted child.

Order of Adoption:

An Adoption Decree is the official order handed down by the judge at the finalization hearing. It signifies that the adoption is final.

Petition for Adoption:

A legal document filed in juvenile court to request an adoption finalization hearing.

Post-placement services:

A variety of services provided after the adoption is finalized, including counseling, social services, and adoptive family events and outings.

Prima facie case:

As it pertains to the allegations in a child welfare case, the petition must include enough facts that if later proven, will cause a child to be declared a dependent of the court.

Private Adoption Agency:

Any non-public agency licensed by the state to provide adoption services.

Putative Birth Father:

This is the man believed to be the child's biological father, but who cannot be conclusively determined to be the biological father because of the lack of genetic evidence. States maintain a database with names and addresses of men who believe they fathered a child out of wedlock, and failure to register with such a registry after they receive a notice of pending adoption can result in the termination of parental rights, in some states and types of cases.

Semi-Open Adoption:

This is one of the most common forms of domestic adoptions. In these situations, the birth and adopting parents usually meet at some point, or at the very least, speak with each other over the telephone. They share first names and perhaps the state where they each live, but do not share more information about themselves or commit to have an ongoing relationship.

In many cases, the adopting parents agree to send cards and letters on a regular basis to keep the birth family aware of how the child is doing as he or she grows up. These communications are sent through a third party such as an attorney or agency with whom they worked, and is responsible for maintaining the privacy and anonymity between the parties.

Special needs child:

A child with medical, mental, emotional, behavioral, or educational needs that could require extra on-going attention. These special needs may or may not be correctable, and has been expanded in definition to include older children who are deemed "difficult to place."

Step-parent Adoption:

An adoption where a step-parent adopts his/her stepchild.

Surrogate Adoption:

The adoption of a child voluntarily conceived by artificial insemination and carried through pregnancy by a surrogate mother with the expressed intention of relinquishing the child upon birth for adoption.

Termination of parental rights:

The process by which a parent's rights to his or her child are legally and permanently terminated, after which the child becomes eligible for adoption.

Transracial Adoption:

Either a domestic or international adoption in which the adoptive parents adopt a child of a different ethnicity. Examples would be a Caucasian family adopting a child of African heritage; a Chinese American family who is adopting a child of Hispanic heritage; and so on.

U.S. Citizenship and Immigration Services Bureau (USCIS):

An agency of the federal government that approves an adopted child's immigration into the United States and grants U.S. citizenship to children adopted from other countries.

Waiting child:

A child currently available for adoption. Waiting children may be in the U.S. foster care system, might be older, or could be special needs child.

Wednesday's Child:

A public service broadcast aired by FOX TV on its Wednesday night 10 p.m. news cast. Each week, it features a court dependent child in need of a permanent home. The segment airs near the end of the broadcast.

Glossary of Adoption Terms

Definitions of Commonly Used Adoption and Foster Care Terms